Legal Eagle 43

LEGAL EAGLE THE RSPB’S INVESTIGATIONS NEWSLETTER JANUARY 2005 No 43 Dave Dick (RSPB) Dave Dick £5,500 fine for ‘Scotland’s worst wildlife crime’ A gamekeeper has been fined £5,500 for what has been recklessly endangering people and wildlife by placing described as Scotland’s worst wildlife crime. On 25 poison on a hillside. Passing sentence, Sheriff James August, at Selkirk Sheriffs’ Court, Stephen Muir, 38, Farrell said he had taken into account the fact that Muir admitted killing sixteen buzzards and a goshawk by was a first offender and had pleaded guilty. The court laying poisoned baits on a hillside. accepted Muir’s plea of not guilty to illegally storing the pesticide, carbofuran. In March, following a report from a member of the public, Lothian and Borders Police visited Barns Estate, Muir, who had worked on the Barns Estate for 17 years, Peebles, accompanied by the RSPB. They discovered the was initially charged in connection with the deaths of 25 remains of 22 buzzards, a goshawk and a heron. Pictured birds. However, some were too badly decomposed for above is PC Mark Rafferty, WCO for Borders, with three the cause of their deaths to be ascertained. The estate of the buzzards. Dave Dick, senior investigations officer near Kirkton Manor, Peebleshire, has publicly for the RSPB in Scotland, said, ‘In my 20 years of condemned Muir’s actions and suspended him. investigating wildlife crime, this is the largest number of dead birds that I have seen in a single case’. The poisoning case was reported on the BBC website, which ran an opinion poll asking ‘are the penalties for Muir was fined £2,500 for killing the buzzards and wildlife crime tough enough?’ Of 5,255 respondents, goshawk, £2,500 for placing poisoned baits and £500 for 91% said no and only 9% said yes. In this issue: House of Commons committee calls for full-time WCO in every force LEGAL UPDATE House of Commons committee calls for full-time WCO in every force ● In October, the House of Commons all police forces to appoint a full- istockphoto.com Environmental Audit Committee time wildlife crime officer (WCO) published its findings on wildlife crime after taking evidence from ● Defra to table improved the RSPB, Defra, police and other legislation, including agencies. The report highlights the amendments to the Wildlife and failure of the Government and Countryside Act 1981, a new police to recognise wildlife crime, marine bill and an update to stating, ‘we see this refusal to the Control of Trade in accept wildlife crime as an issue Endangered Species deserving of committed police (Enforcement) Regulations. resources as especially short-sighted…’. It concludes with the statement, ‘We believe that the link between The Home Office’s failure to show wildlife crime and other serious The RSPB calls upon the Government commitment to fighting wildlife crimes, the clear and growing to enact the recommendations in full at crime is highlighted; the report calls involvement of organised crime, the earliest opportunity. This would upon the Ministry to ‘re-engage and the increased reliance on the make a significant difference to many with wildlife crime’ and asks the internet for illegal trade in protected of the problems that face wildlife law Government to restate its species, makes the argument for enforcement and that are regularly commitment to tackling the issue. spending time and resources on highlighted by WCOs, PAW, the RSPB this area of crime compelling’. and others. Among the report’s 41 recommendations are calls for: ● the Government (Defra and the To view the report, visit www.parliament.the-stationery-office.co.uk Home Office) to improve the (click ‘House of Commons’ then, ‘House of Commons Publications on the recording and investigation of wildlife crime Internet’ and then ‘Select Committee Publications’,‘Environmental Audit’). PROSECUTIONS Gamekeeper and employer plead guilty to pesticide offences On 16 August, at Shrewsbury Crown Court, John Twist was employed by a shooting syndicate, and Frederick Twist, gamekeeper for the Marrington Shoot enquiries established that no Control of Substances near Chirbury in Shropshire, pleaded guilty to two Hazardous to Health (COSHH) assessment had been offences contrary to the Food and Environment prepared in relation to pesticides – although this is a Protection Act 1985. legal requirement for employers. It appeared that there A police search, led by West Mercia WCO Robert Fryer had been no system to make sure that pesticides were and assisted by the RSPB, revealed a number of properly used and stored during Twist’s employment. pesticides, including Cymag and Talunex. These fumigant The approved brand of Cymag, manufactured by Sorex, pesticides emit toxic gases (hydrogen cyanide and is currently under revocation; possession of the product phosphine respectively) when in contact with moisture. after 31 December will be unlawful. They were found stored on a shelf in an unmarked wooden shed after Twist had denied storing any Twist was fined £500 and one of his employers, John pesticides at this location. Wilde, from Kenley in Shropshire, pleaded guilty to two The brand of Cymag was no longer approved for use, charges. These related to failing to provide appropriate and both pesticides were stored in unsafe conditions. instruction, training and guidance for pesticide storage, Fumigants of this nature should be stored in a suitable as well as permitting the unsafe storage of Talunex. fire-resistant cabinet, labelled to show the presence of Wilde received a12-month conditional discharge and gassing compounds, in an appropriate pesticide store. costs of £330. No evidence was offered against the other The shed was unsuitable for pesticide storage and there employer. The Pesticides Safety Directorate and the were no warning signs. Health and Safety Executive helped with this enquiry. Procurator Fiscal drops Scottish wildlife poisoning case Alan Stewart, Tayside Police WCO, ‘Those involved in the case felt a mixture of frustration reports on a disappointing outcome and infuriation. Edradynate Estate, which is owned by an absentee landlord from Hampshire, has probably the ‘In July, 2002, Tayside Police WCOs submitted a case worst record in Scotland for poisoning incidents, going to the Procurator Fiscal, relating to a number of back more than a decade. In 14 separate incidents since poisoning and illegal trapping incidents on Edradynate 1998, 16 poisoned victims (nine buzzards, a cat, a tawny Estate, Aberfeldy, in Perthshire. Three rabbit baits, a dead owl, two sparrowhawks, a common gull, a polecat and buzzard and a dead carrion crow had been found on a crow) and 12 poisoned baits (rabbits, woodpigeons the estate, baited with or killed by either carbofuran and a pheasant) have been found, with traces of the or alphachloralose. A game bag and a knife seized pesticides mevinphos, carbofuran and alphachloralose. during the investigation also showed traces of these pesticides when swabbed. ‘Another case from a different Perthshire estate, which was submitted around the same time and involved ‘This case was called a number of times but, for various three dead buzzards in a crow cage, has had the same reasons, was adjourned by either the defence or the catalogue of delays and has also been dropped. Over the prosecution. By July this year, the case had still not last 39 years, despite a range of case law which states come to trial and was dropped by the procurator fiscal. that the public interest must be balanced against the This is in line with Crown Office policy of dropping interest of the accused, I have seen, time and time again, cases that have run for some time without a trial examples of the interests of wildlife – and, therefore, having begun. the overwhelming public interest – being ignored.’ Disappointment over harrier caution A Norfolk man has accepted a caution for shooting Mike Lane (rspb-images.com) a marsh harrier in what the RSPB considers a disappointing outcome to an important case. On 12 June, Mr Holzer was in a large private field managed for nature conservation near Loddon in Norfolk. He heard a gunshot and saw a marsh harrier fall from the sky. The bird was recovered but died shortly afterwards. Mr Holzer reported the incident to Norfolk Police, and officers quickly arrived on the scene. They arrested two men, who had been shooting pigeons and corvids in an adjacent field, on suspicion of intentionally killing the harrier. There have been a number of allegations of marsh harrier shootings in Norfolk and Suffolk. Enquiries carried out by police, assisted by the RSPB, established that only one of the men could have been close enough to shoot the bird. The witness indicated It appears that little consideration was given to the that one man had been in the private field shortly after status and conservation importance of marsh harriers – the incident, possibly trying to recover the shot harrier. rare birds of prey that are given the highest protection However, the suspect denied having shot the bird or under the Wildlife and Countryside Act and have only having entered the field. The RSPB has received a about 200 breeding pairs in the UK. We do not believe number of allegations concerning the shooting of this was a suitable matter for caution, based on the marsh harriers in Norfolk and Suffolk, and believes Wildlife Crime Cautioning Guidelines produced by the that the evidence in this case offered a good chance Crown Prosecution Service and published by Defra. of a conviction. Copies of the Wildlife Crime Cautioning Guidelines are Norfolk Police have a good record for dealing with available for WCOs from the PAW Secretariat, Zone 1–14, wildlife crime, so the RSPB was surprised and Temple Quay House, 2 The Square, Temple Quay, disappointed at this decision to issue a caution.

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